USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 44
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432
HISTORY OF EASTERN VERMONT.
[1782.
delay the " complete organization" of government in Cumber- land county, but to await the proper time for such action; and that the proceedings of the Council of Appointment had been in accordance with the course which was deemed best calcu- lated to advance the interests of the county. In the other let- ter, the Governor notified to Colonel Church his appointment ; requested him to consult with others, and decide upon proper persons for captains and subaltern officers, in order that the formation of his regiment might be completed; exhorted him to protect the country from the depredations of the enemy, by sending out detachments of men whenever their presence would be of service ; and desired him, in the execution of his office, to pay strict attention to the recommendations of Congress, by extending his authority over such only as professed allegiance to New York, " unless the conduct of the usurped government in contravening" those recommendations, should render " a con- trary conduct indispensably necessary for the immediate protec- tion and safety" of those whom he was bound to defend .*
At the session in June, the General Assembly of Vermont, knowing well what preparations the Yorkers were making to resist the execution of the laws of Vermont, determined to check their proceedings by persuasive measures, if possible, and if these should not succeed by compulsory laws. As an inceptive step, a resolution was adopted on the 19th of June, in which Isaac Tichenor was requested to repair to the towns of Brattleborough, Halifax, and Guilford, for the purpose of -ex- plaining the proceedings of Congress " to the disaffected, in a true light ;" and using his "utmost exertions to unite the people in those towns" to the government of Vermont. On the same day an act was passed "for the punishment of conspira- cies against the peace, liberty, and independence" of the state. Upon this act were based the indictments which were found. against those who a few months later were declared guilty of treason. Its framers seem to have presupposed in its prepara- tion, the very condition in which the state was so soon to be placed by the conflicts between the government and the oppo- sition. The positions which were assumed in it, were sufficiently broad to answer the ends of those who had resolved to maintain the integrity of Vermont. Its terms were as follows :-
" Whereas, unanimity-the great strength and security of a
* George Clinton Papers in N. Y. State Lib., vol. xv. doc. 4574. MS. Com missions.
433
ACT FOR THE PUNISHMENT OF CONSPIRACIES.
1782.]
free and independent people-is necessary for the existence of a sovereign state; and whereas, insurrections may rise among the inhabitants of this state, fomented and stirred up by some designing persons, with a manifest intent to subvert and destroy the liberties and independence of the same-which evil to pre- vent-
" Be it enacted, and it is hereby enacted, by the representa- tives of the freemen of the state of Vermont in General Assem- bly met, and by the authority of the same, that when, and so often as, six or more persons shall assemble with weapons of terror, with a manifest intent to impede, hinder or disturb any officer of this state, in the execution of his office; or shall rescue any prisoner, in the custody of the law ; or any goods, or chattels, legally distrained; and there shall be among said persons six, or more, who do not yield allegiance to the authority of this state, or have, and do deny the jurisdiction of the same; all and every person so offending shall suffer banishment or imprison- ment, at the discretion of the Superior court, before whom said offenders shall be tried : and their goods, chattels, and estates, shall be seized, condemned, and sold, by order of the Superior court, as forfeited to the use of this state.
"And be it further enacted by the authority aforesaid that if any person or persons shall conspire or attempt any invasion, insurrection, or public rebellion against this state; or shall treacherously and perfidiously attempt the alteration or subversion of our frame of government, fundamentally esta- blished by the constitution of this state, by endeavoring the betraying of the same into the hands of any of the neighboring states, or any other power, and be thereof convicted before the Superior court, [such person or persons] shall suffer banishment or imprisonment, at the discretion of the said court; and the goods, chattels and estates of such offenders, shall be seized, con- demned, and sold, as forfeited to the use of this state.
" And be it further enacted by the authority aforesaid, that if any person or persons, so banished, shall neglect to depart when ordered; or, when departed, shall return to this state, without first obtaining liberty from the General Assembly, and shall be thereof convicted, he or they shall suffer death."*
In conformity with his appointment, Mr. Tichenor visited the most fractious of the southern towns in Vermont, and endeavored
Journals Gen. Ass. Vt. Slade's Vt. State Papers, p. 454. 28
434
HISTORY OF EASTERN VERMONT.
[1782.
to expound to the people the proceedings of Congress relative to the affairs of the contending states. He informed them that Vermont was a state in every sense of the term; that their safety consisted in acknowledging its jurisdiction ; that the law would inflict punishment in case they should not submit; and that the promises of protection and defence from New York were unreliable and fallacious. Although many believed that New York would not willingly desert her subjects in the hour of trial, yet the idea was also prevalent that she would be finally compelled to pursue this course .* Whatever may have been the effect of Mr. Tichenor's reasoning on those who had become wearied with resisting the authority of Vermont, there were some in whose minds it aroused a spirit more decided in its opposition to the new state. "I have sounded the minds of Vermonters," wrote Charles Phelps to Governor Clinton, on the 10th of July, " and find that they dare not at present, in the four towns where the committees dwell, meddle with us Yorkers, if people don't come from Bennington county with weapons of terror to scare or frighten or fight us." He stated his belief that " people of pro- perty " would not dare to attack the Yorkers ; and that those who should be so rash as to make any warlike demonstrations would be slaughtered as readily as the common enemy. To render the condition of the opposition more secure, he suggested that General Washington should order four field-pieces to be sent from Springfield to Brattleborough. A demonstration of this nature, he contended, would have more effect in preventing trouble, than a militia force of three hundred Yorkers raised without the sanction and orders of Washington. Further to encourage the Governor to sustain the friends of New York, Daniel Shepardson informed him, on the 15th of July, that some of the more northern towns in Vermont would unite in favor of the
* In reference to Mr. Tichenor's embassy, Gov. Clinton wrote to the Hon. James Duane, from Poughkeepsie, on the 5th of August, 1782, in these words : " Mr. Tichenor was sent among them [the friends of New York] by the leaders of the revolt, to endeavor to prevail upon them to submit to their government, and for this purpose made a very unfair use of the last report of the committee of Congress, by endeavoring to deceive them into an opinion that it was the general sense of Congress, and that a determination would accordingly soon be made in favor of their independency. Tho' I have reason to believe that Mr. Tichenor did not succeed in his intentions, yet by these acts and by inducing the people who live more exposed to believe that, while they continue connected with them, they have nothing to apprehend from the common enemy, they have in some degree defeated the effect which the pacific measures of our Legislature would have had on them." George Clinton Papers, in N. Y. State Lib., vol. xvi. doc. 4697.
435
ACTIVITY OF THE VERMONT LEGISLATURE.
1782.]
New York jurisdiction, provided assurances could be given of assistance from head-quarters .*
From the activity displayed by the Vermont Legislature in passing and promulgating laws aimed directly at the extinction of the faction which refused to pay Vermont taxes or recognize Vermont legislation, and which was determined to resist by force the execution of measures not originating with the govern- ment of New York-it was evident that a blow was soon to be struck which would cripple the strength of the faction, or crush it for ever. The committees of the few towns which still con- tinued loyal to New York were aware of this state of things when they assembled at Guilford on the 15th of July, to con- sult upon the course which they should adopt in case an appeal was had to arms. In their petition to Governor Clinton-the inevitable result of a meeting-they rehearsed the occurrences of the few weeks previous, and hinted their disquiet in words which almost announced it. That their own courage might be strengthened, the enemy terrified, and their "wavering brethren" encouraged, they besought the Governor to order the militia in the western part of New York to march against the Vermonters in case they should cross the mountains and com- mence hostilities upon the Yorkers in Cumberland county. They also asked for definite commands "to fight and stand" in their own defence. In order to nullify the arguments and elo- quence which had been employed by Vermont in miscon- struing the meaning of the resolves of Congress, they desired his Excellency to send an intelligent man to counteract the efforts of "Esquire Tichenor," and to certify to the people to what extent they might depend upon New York in the sup- port of her own jurisdiction. This petition and the other papers accompanying it, were forwarded by Mr. Cutbeth, who took the place of the regularly appointed messenger. In explanation of this substitution, the committees observed that they expected to have business for Major Shattuck, the Lieu- tenant-Colonel Commandant, " about home."+
The messenger reached Kingston on the 24th of July. The Council of Appointment were again summoned, and the official list of the southern regiment was completed. Elisha Pierce was chosen Quarter-master, and six companies were
* George Clinton Papers in N. Y. State Lib., vol. xvi. docs. 4647, 4655.
+ George Clinton Papers in N. Y. State Lib., vol. xvi. doc. 4654.
436
HISTORY OF EASTERN VERMONT.
[1782.
formed-two in Brattleborough, three in Guilford, and one in Halifax-each with a captain and the proper complement of subalterns. The commissions were immediately prepared and intrusted to Mr. Cutbeth, who was also the bearer of a letter from the Governor to Colonel Church. In this communication, dated the 26th of July, all who sided with the Colonel were earnestly exhorted to " preserve unanimity and firmness" among themselves, and reject the artifices which might be employed by their adversaries to " deceive and amuse" them. To the committees of the towns who had petitioned for aid in their extremity, Governor Clinton, in a letter of the same date, defined his position in terms full and explicit. As an explanation of the course which he had been obliged to pursue towards those who amid change and misfortune, had still remained loyal to the government of New York, it must be admitted that his language, though strictly true, was neither encouraging nor satisfactory.
"From the whole of my conduct respecting the controversy between the government of this state and its subjects on the ' Grants,'" wrote he, "you must be persuaded of my sincere wishes and disposition to afford you every possible aid and support, though at the same time you can easily conceive that in our present condition, when every effort and attention is requisite to defend the remaining part of the state from being wholly ruined by the common enemy, it is not in my power positively to stipulate that any body of troops or militia shall march for your defence, should the usurped government of Vermont attempt to compel you by force of arms to submit to their jurisdiction. In being thus explicit with you, I would wish not to be understood as discouraging you in your opposi- tion to the usurpation, for you may be assured that however the distresses we have experienced, and are still subject to from the war, may at present prevent us from employing the forces of the state in vindication of our rights, yet I have no reason to believe that the Legislature will ever relinquish their just claim to the territory in question, unless impelled thereto by the most inevitable necessity ; neither do I think it probable, from the latest accounts I have received, that Congress will ever decide in favor of the pretensions of Vermont to independency, and candor induces me to declare also, that there is little prospect of their deciding in favor of us. The truth is, that the evidence in support of our claim to the jurisdiction of the
437
LETTER FROM CLINTON.
1782.]
country, is so full and conclusive that there is no possibility of withholding a conviction from it ; and although there may be individuals in Congress who, from motives of interest and policy, would wish to contract our limits, yet it is highly improbable that they will ever be able to influence Congress to make a decision favorable to their views, and especially as it is not submitted to Congress to determine arbitrarily, whether the 'Grants' shall be a separate, independent state, but only to make a judicial adjudication, on evidence, relative to the boundary of this state; nor have they by the confederation, power to create a new state.
"These matters you may rely on, notwithstanding the asser- tions of Mr. Tichenor and the other leaders of the revolt, and who, to countenance their assertions, may produce reports of committees which were introduced into Congress, not in expec- tation that they ever would be adopted, but solely with a view to keep the spirit of defection alive, and to counteract the endea- vors of this state for the re-establishment of its jurisdiction by pacific, conciliatory measures.
"Congress, as I observed in a former letter to you, have expressly prohibited these people from the exercise of any authority over you, and have enjoined a similar prohibition on us with respect of persons who dispute our jurisdiction. This prohibition is not repealed by any subsequent act of Congress, and ought, therefore, to be observed by both parties, and you are sensible we have in every instance strictly observed the recommendation on our part, and should the usurped govern- ment of Vermont attempt to enforce their jurisdiction over you, by having recourse to compulsory, violent measures, your own prudence and virtue will dictate the mode and measure of opposition. The faith and honor of Congress while you conduct yourselves agreeable to their recommendation is concerned for your protection, and I now renew to you my assurances of every aid which may be in my power to afford you. Your interest and happiness are deeply concerned in the event of this contro- versy, and the success of it depends much on your zeal and pru- dence, on which I place great reliance."*
On the return of the messenger, the views of Governor Clin- ton were disclosed to all the principal leaders of the opposition. Efforts were now made to concentrate the strength of those who
* George Clinton Papers in N. Y. State Lib., vol. xvi. docs. 4679, 4680.
438
HISTORY OF EASTERN VERMONT.
[1782.
were unfriendly to the jurisdiction of Vermont. The "mode and measure " of the resistance which was to be employed, had been left to the "prudence and virtue " of those who still con- tinued loyal to New York ; but so unpleasant had their situation become, that the few plans which they arranged partook more of the spirit of revenge, than of a desire to defend themselves from the further imposition of the taxes and decrees emanating from Vermont. They openly declared that they expected assistance from New York, and that there would be "terrible times," should a force from the other side of the mountains be sent to oppose them. On one occasion, when they were assembled to consult upon the adoption of measures for defence, a proposition was made that a vote should be taken for the purpose of ascer- taining the number of those who were willing to "disannul all the authority of Vermont." This method of expressing a deter- mination so important not being deemed sufficiently demonstra- tive by those who were most violent in their antipathy to the new state, a pledge was substituted in place of the vote, and the majority of those present bound themselves to "oppose the state of Vermont even to blood." Some, who desired to render the pledge more binding, at the close of the meeting formed a ring on the green which fronted the building in which they had been assembled, and renewed and confirmed the pledge in a solemn and imposing manner. Aware that preparations were on foot to withstand any attempts that might be made to enforce the laws of Vermont, Ira Allen was sent to Brattleborough and Guilford on the 14th of August, with directions to "observe the motions of the people " who were favorable to New York, in order that Governor Chittenden might determine upon the proper time to carry into effect the act of the Legislature con- cerning conspiracies which had been passed with special refer- ence to the present condition of the southern section of Wind- ham county. Scarcely had he accomplished the object of his journey, when an event occurred which proved that the new government could not be too active in its intended operations.
-
In a Justice's court in Windham county, organized by au- thority derived from the laws of Vermont, and held by John Bridgman, judgment had been rendered, on the 29th of July, against Timothy Church of Brattleborough, at the suit of Ger- shom Orvis. A writ of execution was accordingly issued on the 8th of August, and Jonathan Hunt, the high sheriff of the coun- ty by appointment of Vermont, was directed to levy on the
439
THE MILITARY BROUGHT INTO REQUISITION.
1782.]
goods of said Church, and in case of a deficiency to commit him to prison. Church, being a Yorker, did not recognize the authority of Vermont and determined to resist it. On the 22d of August, the sheriff waited on Church and made his demand. Church refused to satisfy it, and declared that nothing should be taken off his farm unless the sheriff should prove the "stouter" man of the two. The sheriff then approached Church and claimed him as his prisoner. By this time, there had assembled at Church's dwelling a number of his friends, who had resolved that he should not be taken unless by a voluntary submission. When the sheriff endeavored with the help of some of his assist- ants to drag Church from the house, the latter resisted and plainly told the sheriff that he would not go. In the further exercise of his authority, the sheriff commanded Joseplı Cham- berlain, Joseph Whipple, and Jonathan Church, to aid him. "He is not agoing to take Church, my word for it," said Cham- berlain to his companions, and, before the sheriff could secure his prisoner, the three Yorkers whom he had ordered to assist him, had blocked up the door-way and released Church from the grasp of the law. Content to await the time when the civil should be supported by the military arm, the sheriff and his assistants departed, not at all displeased that the resistance with which they had met, was to furnish them with a most po- tent argument in pursuing the course upon which the state had already determined.
On the 21st of June, the time of the passage of the act for the "punishment of conspiracies," another act had been adopted, by which authority was given to the Governor as Captain-General, to direct any officer in the state to raise men, and employ them in assisting the sheriffs, in their respective counties, in the per- formance of their duties. By the same act, the Commissary- General was authorized to furnish the men so raised with the ne- cessary stores. Having been foiled in his attempts to enforce the laws of the state, the sheriff of Windham county made applica- tion for a military force to support him. At a meeting of the Council, held on the 29th of August, his application was pre- sented, and a resolution was passed recommending to Governor Chittenden "to raise one hundred and fifty men as volunteers" within Col. Ebenezer Walbridge's regiment on the west side of the mountains for the purpose of aiding the civil authority of the state in Windham county. The Governor was also request- ed to place the volunteer troops, and all others which should be
440
HISTORY OF EASTERN VERMONT.
[1782.
raised for this service, in the command of Brig .- Gen. Ethan Al- len. On the 2d of September, the Governor, willing to employ efficient means to quell the insubordination of the Yorkers, em- powered Ethan Allen to raise two hundred and fifty men ; one hun- dred and fifty in Walbridge's regiment, and one hundred in the regiment commanded by Col. Ira Allen, and to march them into Windham county, as a posse comitatus for the assistance of the civil authority. Consultations were now held; ammunition and provisions were collected; the order of march was settled ; and messengers riding post, between Bennington and Brattlebo- rough, kept the friends of Vermont on both sides of the moun- tains informed as to the measures which were then in progress. Precautions were also taken that the plans of the Vermonters should be kept secret. Guards were placed on the several roads crossing the mountains, who detained all persons going east- ward with the exception of the messengers. So effective was this vigilance, that the Yorkers were only apprised by faint and uncertain rumors, of the events which were so soon to happen.
A week had passed since Ethan Allen had been placed in command of the troops, and the preparations which he and his associates had been making were now completed. On the even- ing of Sunday the 8th of September, the various companies from the towns in Bennington and Rutland counties, began to collect at Bennington, which place had been selected as a rendezvous · for the troops. Portions of the regiments of Colonels Walbridge and Allen had volunteered their services on behalf of the state, and although the force was not as large as that which Governor Chittenden had wished to raise, its appearance was in no mea- sure contemptible. Long before sunrise on Monday the 9th, the whole party numbering about two hundred men, mounted, and under the command of Ethan Allen, were under full march towards the seat of conflict. On reaching Marlborough, Ira Allen, with a force of twenty men, was dispatched to arrest Timothy Phelps who resided in that town, while the rest of the company pushed forward to engage in exploits of equal daring.
Being a warm friend and hearty supporter of the jurisdiction of New York, Timothy Phelps had for a long time been regard- ed with especial hatred by the Vermonters. His late accept- ance of the office of high sheriff of Cumberland county had not tended to lessen this impression, and the violence of his temper had rendered him, in the opinion of his opponents, as much an
441
COL. WILLIAM WILLIAMS.
1782.]
object of fear as of dislike. Already had one officer acting under Vermont experienced the unpleasant effects of his rage, and felt the force of his nerved and steady arm. The circum- stance was on this wise. One morning as Mr. Phelps, pitch- fork in hand, was feeding his oxen, a constable with a few attendants appeared, made proclamation that he should distrain the oxen for taxes, and proceeded to drive them off. Deter- mined not to submit without a struggle, to a power which he scorned to recognize, Phelps placed himself before the oxen, armed with his pitchfork, and ordered the constable to desist at his peril. To this command the constable paid no attention, but persisted in his attempt to take the cattle. Enraged at this conduct, Phelps raised his fork, and, swinging it with good effect, laid the officer senseless on the ground. Seeing their leader fall, the assistants fled, while Phelps after securing his property went about his business, leaving the discomfited con- stable to depart at his leisure.
Such was the man whom Ira Allen was now seeking to encounter. Desirous of availing himself of every means which would increase his chance of success, he determined to secure the co-operation of some of the residents of the town, and for this purpose waited on Col. William Williams, and explained to him the cause of his visit. This gentleman, remarkable for manly beauty, elegance of form, and agreeableness of manners, was also distinguished for his bravery and enterprise, and had been more active and useful in the settlement of the town than any of his contemporaries. At the battle of Bennington, he had distinguished himself at the head of his regiment, and was now an open and avowed supporter of the government of Vermont. His pleasant residence, built upon an eminence west of Mill brook, was in full view of the dwelling of Mr. Phelps, between whose family and his own, notwithstanding the difference in their political opinions, an intimacy existed which had not yet been embittered by jealousy or distrust. He was now called on as a citizen of the state to assist in the execution of its laws, and he could not consistently with loyalty or honor refuse to obey the summons.
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